Update on the State Of Opposition Leaders In Nakasongola Prison

Fellow countrymen and women there have been media reports regarding the recent arrest and imprisonment of some individuals in relation to offences in breach of the laws of Uganda.

There have also been issues regarding the visiting of these people notably, Mr. Norbert Mao and Dr Kizza Besigye by Ugandans and some members of the diplomatic community. There have also been issues connected with choice of Nakasongola Government Prison to accommodate the riots related prisoners.
Government would like to make the following clarifications;
The arrest and imprisonment of Mr. Norbert Mao and Mr Kizza Besigye in Naaksongola was effected according to the laws of Uganda.

According to section 73 Prisons Act 2006, Sub section 1, “A prisoner on being sentenced or during confinement, may be removed to any prison established under this Act”.

The same section in sub section 3 also states that “the Commissioner General may, by special order, direct that a prisoner be transferred from one prison, to which he or she was committed or in which he or she is detained to another prison”.
This therefore explains the circumstances under which Mr. Mao and six others were transferred to Nakasongola government prison from Luzira maximum security prison. Mr Mao and the six others will thus remain in Nakasongola until 2nd May 2011 when they will appear in Court.
As for Dr Besigye he was remanded by the Nabweru court to Nakasongola Prison until 27th April 2011.
Visitations to prisoners.
 
There are regulations controlling the visiting of prisoners in this country. This is to ensure orderliness.
According to the Government Prisons Standing Orders Part II, “visits to prisoners shall normally take place between the hours of 9:00am and 12 noon and 2:00pm and 4:30 pm on any day of the week except Saturday and Sunday and public holidays”.

Section C of the chapter states that a prisoner awaiting trial shall be allowed to see his legal advisor on any working day at any reasonable hour in the site but not in the hearing of the prisons officer.
Chapter 42 provides for the categories of visitors to prisoners. These include among others:

• Visiting Justices, Cabinet Ministers, Judges Of High And Supreme Courts ,Chief Magistrates, Magistrates Grade 1 & 2
• Official  visitors , those are persons defined in the government gazette as official visitors to a particular prison.
• Unofficial visitors. These include officers of other departments having business with administration of the prison , persons calling upon the officer in charge with regard to business with administration of the prison
• Visitors to prisoners: These are relatives or friends authorised by law to visit individual prisoners; voluntary visitors authorised by the commissioner therein of prisons, Legal advisors, NGOs; after-care officers and members of the clergy or religious teachers.

The officer in charge will not permit any other person to enter or visit a prison.
Particular attention is drawn to the following points:

• A visitor will not be allowed to write about prison matters without the consent of the Commissioner General of Prisons
• A visitor will visit such prisoners as are placed on his list by the officer in charge
• No letter of any kind may be conveyed to or from the prisoner without the OCs permission
• No food drink, tobacco books or articles of any kind should be given to any prisoner without authorisation. Conveying any article into or out of the prison contrary to the rule is an offence against the law
• Prison visitors have no authority or statutory powers within a prison establishment

Visiting by the members of diplomatic community:
While the aforementioned regulations apply to all individuals, there are special considerations guided by international conventions that apply to members of the diplomatic community if they are to visit any prisoner.
Such visitors must be cleared by the ministry of foreign affairs and the ministry, department or agency hosting them.  As far as the government of Uganda is concerned there was no such clearance before the diplomats went to Nakasongola government prison which was irregular. We are however currently addressing this matter at the diplomatic level.

Hon. Kabakumba Matsiko
Minister of Information and National Guidance
26 April 2011